Custodial Death
By
Surendra Sahai Srivastava
Custodial death is a brutish, barbarous and gruesome act committed by the law enforcing agencies. "It is perhaps one of the worst crimes in a civilised society governed by the Rule of Law1." There is a general belief that the life and death are determined by a power superior to all earthly powers. However, the Police Officers, the custodians and guardians of law. are often reported playing with human lives in the heat of their authority despite the fact that India is a country governed by the Rule of law guaranteeing the life and personal liberty to the people under
Art. 21 of the Constitution. Amnesty International has recently listed as many as 36 custodial deaths in India in 1993 due to torture and medical neglect out of which 20 alone in Delhi.2
In State of U.P. v. Ram Sagar Yadav, AIR 1985 SC4I6 : 1986 Cri LJ 836, the deceased gave some bribe to a police constable to hush up a case o ....